93-2845 Ordinance
ORDINANCE NO.
93-2845
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 9B, ENTITLED "CODE ENFORCEMENT",
AMENDING SECTION 9B-6, ENTITLED "ENFORCEMENT
PROCEDURE" BY PROVIDING THAT NOTICES REGARDING
CODE VIOLATIONS AND HEARINGS REGARDING THOSE
VIOLATIONS MAY BE SENT TO MORTGAGE HOLDERS AND
OTHER PERSONS OR ENTITIES HAVING INTERESTS IN
THE CITED PROPERTIES: PROVIDING FOR A
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the city commission wishes to improve the safety and
appearance of properties located within the city of Miami Beach,
Florida; and
WHEREAS, currently only property owners or lessees in
violation of city Codes are notified of code violations, hearings
and potential penalties regarding such violations; and
WHEREAS, the City commission believes that properties having
code violations will be brought into compliance sooner if persons
and entities having interests in such properties as well as owners
are notified of the violations and of hearings regarding those
violations and of potential penal ties enforceable against the
properties.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
section 1.
Amendment of section 9B-6.
That Section 9B-6 of Miami Beach city Code Chapter 9B,
entitled "Code Enforcement" is hereby amended to read as follows:
Sec. 9B-6.
Enforcement procedure.
(a) It shall be the duty of the Code Inspector to
ini tiate enforcement proceedings of the various codes and
ordinances; no Special Master or member of a Board shall
have the power to initiate such enforcement proceedings.
(b) Except as provided in subsections (c) and (d), if a
violation of a City ordinance or code is found, the Code
Inspector shall notify the violator and give him a
reasonable time to correct the violation. Should the
violation continue beyond the time specified for
correction, the Code Inspector shall notify a Special
Master and request a hearing. The special Master through
his/her clerical staff, shall schedule a hearing, and
written notice of such hearing shall be hand delivered or
mailed as provided in section 9B-12 to said violator. At
the option of the special Master, notice may additionally
be served by publication or posting as provided in
section 9B-12. If the violation is corrected and then
recurs or if the violation is not corrected by the time
specified for correction by the Code Inspector, the case
may be presented to a Special Master even if the
violation has been corrected prior to the scheduled
hearing, and the notice shall so state.
(c) If a Repeat violation is found, the Code Inspector
shall notify the violator but is not required to give the
violator a reasonable time to correct the violation. The
Code Inspector, upon notifying the violator of a Repeat
violation, shall notify a special Master and request a
hearing. The Special Master, through his/her clerical
staff, shall schedule a hearing and shall provide notice
pursuant to section 9B-12. The case may be presented to
the Special Master even if the Repeat Violation has been
corrected prior the scheduled hearing, and the notice
shall so state.
(d) If the Code Inspector has reason to believe a
violation presents a serious threat to the public health,
safety, and welfare or if the violation is irreparable or
irreversible in nature, the Code Inspector shall make a
reasonable effort to notify the violator and may
immediately notify the Special Master and request a
hearing.
.uu In addition to notifying the violator as provided in
paraqraphs (b). (c) and (d) herein. the Code Inspector.
clerical staff or other persons desiqnated by the city
2
Manaqer may also provide notice bv mail or other means to
the mortqaqe holder(s) and/or other persons or entities
havinq an interest in the subiect property.
section 2.
Repealer
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
Section 3.
Severability.
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reason, held inval id or
unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining
portions of this ordinance.
section 4.
Effective Date
That this ordinance shall take effect ten (10) days after its
adoption, on
May 1
, 1993.
PASSED and ADOPTED this 21st
, 1993.
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ATTEST:
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CITY CLERK
1st reading 4/8/93
2nd reading 4/21/93
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OFFICE OF THE CITY ATTORNEY
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CITY ATTORNEY
PO. BOX 0
MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305) 673-7002
LAURENCE FEINGOLD
COMMISSIOIf MEMORAlfDUM If 0:
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DATE: APRIL 8, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF TBB CITY COMMISSIOIf
CITY MANAGER ROGER M. CARLTOIf
FROM: LAURBIfCE FEIIfGOLD . ..../1 ~ <90L..J
CITY ATTORlfBY ~ ~~ ~ V
SUBJECT: ORDIIfAlfCE AUTHORIZIIfG 1f0TIFICATIOlf OF MORTGAGE HOLDERS
RBGARDIIfG CODE VIOLATIOIfS AND PROSECUTIOIfS
The City Attorney's Off ice has drafted this ordinance in
response to Commissioner David Pearlson's request for legislation
which will shorten the time it takes to get violators to comply
with the city's codes. The ordinance authorizes notification of
mortgage holders and other interested parties when properties are
cited with code violations. Notice may also be provided regarding
hearings on the violations and fines and liens imposed. It is
believed that when persons and institutions with interests in the
properties are made aware of the violations they will urge the
owner/violators to comply immediately.
In addition to expediting code compliance, this notification
procedure will alert persons with interests in properties to
potential City fines and liens as well as informing them of fines
and liens immediately after they are imposed.
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91
AGENDA
ITEM
DATE
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1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139